Pennsylvania R. Co. v. O’rourke, 344 U.S. 334 (1953)

Pennsylvania Railroad Co. v. O’Rourke

No. 60

Argued December 8, 1952
Decided January 12, 1953
344 U.S. 334

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Respondent was employed by petitioner railroad as a "freight brakeman" in its yards. His duties included work aboard petitioner’s car floats moored in navigable waters. He was injured on a car float while releasing allegedly defective hand-brakes on a freight car which was being unloaded from the car float by a switch engine.

Held: Respondent’s remedy was under the Longshoremen’s and Harbor Workers’ Compensation Act exclusively, and not under the Federal Employers’ Liability Art. Pp. 334-342.

194 F.2d 612 reversed.

Respondent’s suit under the Federal Employers’ Liability Act was dismissed by the District Court on the ground that the Longshoremen’s and Harbor Workers’ Compensation Act applied exclusively. 99 F.Supp. 506. The Court of Appeals reversed. 194 F.2d 612. This Court granted certiorari. 344 U.S. 811. Reversed, p. 342.